Privacy Act of 1974: Matching Program, 67814-67815 [2020-23665]
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices
c. Three or more high-inrush current
spikes that exceed the body control
module (BCM) inrush current threshold
occur on the parking lamp/daytime
running lamp (DRL) circuit within a
period of 0.625 seconds.
Under certain daytime conditions, a
driver rapidly moving the headlamp
switch between the ‘‘AUTO’’ and
‘‘Park’’ positions could generate these
spikes that would turn the park lamps
off. Although potentially contradictory
and misleading lighting signals resulted
from this noncompliance, NHTSA
granted the petition because, among
other things, the noncompliance would
occur only in daytime when parking
lamps are generally not in use, a fairly
high degree of unusual user intervention
was required, and the condition would
correct itself during normal vehicle
operation. See General Motors, LLC, 83
FR 7848. In contrast, the traction control
event and the misleading activation of
brake lights in the petition NHTSA is
analyzing requires no unusual user
intervention, can occur under normal
driving conditions, and poses a risk
both day and night.
Illumination of the stop lamps during
a traction control event is an
impairment of the stop lamp function.
The safety risk occurs when the stop
lamps are activated and other road users
expect that the motion of the vehicle is
being retarded, but the vehicle is not
slowing, thereby potentially confusing
or misleading road users by the
introduction of a nonstandard signal.
The burden of establishing the
inconsequentiality of a failure to comply
with a performance requirement in a
standard—as opposed to a labeling
requirement—is more substantial and
difficult to meet. Accordingly, the
Agency has not found many such
noncompliances inconsequential.4
Potential performance failures of safetycritical equipment, like seat belts or air
bags, are rarely deemed inconsequential.
An important issue to consider in
determining inconsequentiality based
upon NHTSA’s prior decisions on
noncompliance issues was the safety
risk to individuals who experience the
type of event against which the recall
would otherwise protect.5 In general,
4 Cf. Gen. Motors Corporation; Ruling on Petition
for Determination of Inconsequential
Noncompliance, 69 FR 19897, 19899 (Apr. 14,
2004) (citing prior cases where noncompliance was
expected to be imperceptible, or nearly so, to
vehicle occupants or approaching drivers).
5 See Gen. Motors, LLC; Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR
35355 (June 12, 2013) (finding noncompliance had
no effect on occupant safety because it had no effect
on the proper operation of the occupant
classification system and the correct deployment of
an air bag); Osram Sylvania Prods. Inc.; Grant of
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17:31 Oct 23, 2020
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NHTSA also does not consider the
absence of complaints or injuries to
show that the issue is inconsequential to
safety. ‘‘Most importantly, the absence
of a complaint does not mean there have
not been any safety issues, nor does it
mean that there will not be safety issues
in the future.’’ 6 ‘‘[T]he fact that in past
reported cases good luck and swift
reaction have prevented many serious
injuries does not mean that good luck
will continue to work.’’ 7
Arguments that only a small number
of vehicles or items of motor vehicle
equipment are affected have also not
justified granting an inconsequentiality
petition.8 Similarly, NHTSA has
rejected petitions based on the assertion
that only a small percentage of vehicles
or items of equipment are likely to
actually exhibit a noncompliance. The
percentage of potential occupants that
could be adversely affected by a
noncompliance does not determine the
question of inconsequentiality. Rather,
the issue to consider is the consequence
to an occupant who is exposed to the
consequence of that noncompliance.9
These considerations are also relevant
when considering whether a defect is
inconsequential to motor vehicle safety.
VII. NHTSA’s Decision
In consideration of the foregoing,
NHTSA has decided that DTNA has not
met its burden of persuasion that the
Petition for Decision of Inconsequential
Noncompliance, 78 FR 46000 (July 30, 2013)
(finding occupant using noncompliant light source
would not be exposed to significantly greater risk
than occupant using similar compliant light
source).
6 Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR
21663, 21666 (Apr. 12, 2016).
7 United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an
unreasonable risk when it ‘‘results in hazards as
potentially dangerous as sudden engine fire, and
where there is no dispute that at least some such
hazards, in this case fires, can definitely be
expected to occur in the future’’).
8 See Mercedes-Benz, U.S.A., L.L.C.; Denial of
Application for Decision of Inconsequential
Noncompliance, 66 FR 38342 (July 23, 2001)
(rejecting argument that noncompliance was
inconsequential because of the small number of
vehicles affected); Aston Martin Lagonda Ltd.;
Denial of Petition for Decision of Inconsequential
Noncompliance, 81 FR 41370 (June 24, 2016)
(noting that situations involving individuals
trapped in motor vehicles—while infrequent—are
consequential to safety); Morgan 3 Wheeler Ltd.;
Denial of Petition for Decision of Inconsequential
Noncompliance, 81 FR 21663, 21664 (Apr. 12,
2016) (rejecting argument that petition should be
granted because the vehicle was produced in very
low numbers and likely to be operated on a limited
basis).
9 See Gen. Motors Corp.; Ruling on Petition for
Determination of Inconsequential Noncompliance,
69 FR 19897, 19900 (Apr. 14, 2004); Cosco Inc.;
Denial of Application for Decision of
Inconsequential Noncompliance, 64 FR 29408,
29409 (June 1, 1999).
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Fmt 4703
Sfmt 4703
subject FMVSS No. 108 noncompliance
is inconsequential to motor vehicle
safety. Accordingly, DTNA’s petition is
hereby denied and DTNA is
consequently obligated to provide
notification of and free remedy for that
noncompliance under 49 U.S.C. 30118
and 30120.
(Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8)
Jeffrey Mark Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2020–23672 Filed 10–23–20; 8:45 am]
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DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974: Matching Program
Department of Veterans Affairs.
Notice of a New Computer
Matching Program.
AGENCY:
ACTION:
Notice is hereby given that
the Department of Veterans Affairs (VA)
intends to conduct a recurring computer
matching program. This will match
personnel records of the Department of
Defense (DoD) with VA records of
benefit recipients under the
Montgomery GI Bill—Active Duty,
Montgomery GI Bill—Selected Reserve,
and the Post-9/11 GI Bill. The goal of
these matches is to identify the
eligibility status of Veterans,
servicemembers, and reservists who
have applied for or who are receiving
education benefit payments under the
Montgomery GI Bill—Active Duty,
Montgomery GI Bill—Selected Reserve,
and the Post-9/11 GI Bill. The purpose
of the match is to enable VA to verify
that individuals meet the conditions of
military service and eligibility criteria
for payment of benefits determined by
VA under the Montgomery GI Bill—
Active Duty, Montgomery GI Bill—
Selected Reserve, and Post-9/11 GI Bill.
DATES: Comments on this match must be
received no later than 30 days after date
of publication in the Federal Register. If
no public comment is received during
the period allowed for comment or
unless otherwise published in the
Federal Register by VA, the new
agreement will become effective a
minimum of 30 days after date of
publication in the Federal Register. If
VA receives public comments, VA shall
review the comments to determine
whether any changes to the notice are
necessary. This matching program will
be valid for 18 months from the effective
date of this notice.
SUMMARY:
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices
Comments may be
submitted through www.Regulations.gov
or mailed to VA Privacy Service, 810
Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments
should indicate that they are submitted
in response to CMA VBA/DoD MGIB
and Post 9/11 and SORN 58VA21/22/28.
Comments received will be available at
regulations.gov for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT: Eric
Patterson, Legislative Strategy,
Development and Implementation
Chief, Education Service, Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 461–
9830.
SUPPLEMENTARY INFORMATION: The
authority to conduct this match is found
in 38 U.S.C. 3684A(a)(1). The records
covered include eligibility records
extracted from DoD personnel files and
benefit records that VA establishes for
all individuals who have applied for
and/or are receiving, or have received
education benefit payments under the
Montgomery GI Bill—Active Duty,
Montgomery GI Bill—Selected Reserve,
and the Post-9/11 GI Bill. These benefit
records are contained in a VA system of
records identified as 58VA21/22/28
entitled: Compensation, Pension,
Education, and Vocational
Rehabilitation and Employment
Records—VA, first published in the
Federal Register at 41 FR 9294 (March
3, 1976), and last amended at 84 FR
4138 (Feb. 14, 2019), with other
amendments as cited therein.
This information is required by
paragraph 6c of the ‘‘Guidelines on the
Conduct of Matching Programs’’ issued
by OMB (54 FR 25818), interpreting the
provisions of the Privacy Act pertaining
to computer matching, as well as those
computer matching portions of a
revision of OMB Circular No. A–108,
Federal Responsibilities for Review,
Reporting, and Publication under the
ADDRESSES:
VerDate Sep<11>2014
17:31 Oct 23, 2020
Jkt 253001
Privacy Act (December 23, 2016). The
current matching agreement with the
Department of Defense (DoD) expires
November 25, 2020. The legal authority
to conduct this match is 38 U.S.C. 5106,
which requires any Federal department
or agency to provide VA such
information as VA requests for the
purposes of determining eligibility for
benefits or verifying other information
with respect to payment of benefits. A
copy of the notice has been provided to
both Houses of Congress and OMB. The
matching program is subject to their
review.
Participating Agencies
This computer match is between the
Department of Veterans Affairs (VA) and
the Department of Defense (DoD).
Authority for Conducting the Matching
Program
The authority to conduct this match is
the Privacy Act, 5 U.S.C. 552a, 38 U.S.C.
5106, and 38 U.S.C. 3684A(a)(1).
Purpose(s)
This agreement establishes the
conditions under which the Department
of Defense (DoD) agrees to disclose
information regarding eligibility to
education benefits under the
Montgomery GI Bill, Montgomery GI
Bill—Selected Reserve and the Post-9/
11 GI Bill to the Department of Veterans
Affairs (VA). The purpose of this
computer matching program between
VA and DoD is to verify that individuals
meet the conditions of military service
and eligibility criteria for payment of
benefits determined by VA under three
enacted programs.
Categories of Individuals
Veterans, Servicemembers, Reservists
and Dependents.
Categories of Records
Department of Defense (DoD), as the
source agency, will provide to VA the
eligibility records on DoD individuals
PO 00000
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Fmt 4703
Sfmt 9990
67815
consisting of data elements which
contains specific data relating to the
requirements for eligibility including
data on member contribution amounts,
service periods, and transfer of
entitlement. VA will match on
attributes, including Social Security
Number (SSN), DoD Electronic Data
Interchange Personal Identifier (EDIPI—
or VA_ID), Date-of-Birth, Last Name,
and File Identification Number.
System(s) of Records
These benefit records are contained in
a VA system of records identified as
58VA21/22/28 entitled: Compensation,
Pension, Education, and Vocational
Rehabilitation and Employment
Records—VA, first published in the
Federal Register at 41 FR 9294 (March
3, 1976), and last amended at 84 FR
4138 (Feb. 14, 2019) and DoD updated
their Defense Enrollment Eligibility
Reporting Systems (DEERS) in the
Federal Register at 84 FR 55293 on
October 16, 2019 and corrected at 84 FR
65975 on December 2, 2019) with other
amendments as cited therein.
Signing Authority
The Senior Agency Official for
Privacy, or designee, approved this
document and authorized the
undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of Veterans Affairs. Joseph S. Stenaka,
Executive Director for Information
Security Operations and Chief Privacy
Officer, approved this document on
October 2, 2020 for publication.
Dated: October 21, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office
of Information Security, Office of Information
and Technology, Department of Veterans
Affairs.
[FR Doc. 2020–23665 Filed 10–23–20; 8:45 am]
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[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67814-67815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23665]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974: Matching Program
AGENCY: Department of Veterans Affairs.
ACTION: Notice of a New Computer Matching Program.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Department of Veterans Affairs
(VA) intends to conduct a recurring computer matching program. This
will match personnel records of the Department of Defense (DoD) with VA
records of benefit recipients under the Montgomery GI Bill--Active
Duty, Montgomery GI Bill--Selected Reserve, and the Post-9/11 GI Bill.
The goal of these matches is to identify the eligibility status of
Veterans, servicemembers, and reservists who have applied for or who
are receiving education benefit payments under the Montgomery GI Bill--
Active Duty, Montgomery GI Bill--Selected Reserve, and the Post-9/11 GI
Bill. The purpose of the match is to enable VA to verify that
individuals meet the conditions of military service and eligibility
criteria for payment of benefits determined by VA under the Montgomery
GI Bill--Active Duty, Montgomery GI Bill--Selected Reserve, and Post-9/
11 GI Bill.
DATES: Comments on this match must be received no later than 30 days
after date of publication in the Federal Register. If no public comment
is received during the period allowed for comment or unless otherwise
published in the Federal Register by VA, the new agreement will become
effective a minimum of 30 days after date of publication in the Federal
Register. If VA receives public comments, VA shall review the comments
to determine whether any changes to the notice are necessary. This
matching program will be valid for 18 months from the effective date of
this notice.
[[Page 67815]]
ADDRESSES: Comments may be submitted through www.Regulations.gov or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to CMA VBA/DoD MGIB and Post 9/11 and SORN 58VA21/22/28.
Comments received will be available at regulations.gov for public
viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Eric Patterson, Legislative Strategy,
Development and Implementation Chief, Education Service, Veterans
Benefits Administration, Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420, (202) 461-9830.
SUPPLEMENTARY INFORMATION: The authority to conduct this match is found
in 38 U.S.C. 3684A(a)(1). The records covered include eligibility
records extracted from DoD personnel files and benefit records that VA
establishes for all individuals who have applied for and/or are
receiving, or have received education benefit payments under the
Montgomery GI Bill--Active Duty, Montgomery GI Bill--Selected Reserve,
and the Post-9/11 GI Bill. These benefit records are contained in a VA
system of records identified as 58VA21/22/28 entitled: Compensation,
Pension, Education, and Vocational Rehabilitation and Employment
Records--VA, first published in the Federal Register at 41 FR 9294
(March 3, 1976), and last amended at 84 FR 4138 (Feb. 14, 2019), with
other amendments as cited therein.
This information is required by paragraph 6c of the ``Guidelines on
the Conduct of Matching Programs'' issued by OMB (54 FR 25818),
interpreting the provisions of the Privacy Act pertaining to computer
matching, as well as those computer matching portions of a revision of
OMB Circular No. A-108, Federal Responsibilities for Review, Reporting,
and Publication under the Privacy Act (December 23, 2016). The current
matching agreement with the Department of Defense (DoD) expires
November 25, 2020. The legal authority to conduct this match is 38
U.S.C. 5106, which requires any Federal department or agency to provide
VA such information as VA requests for the purposes of determining
eligibility for benefits or verifying other information with respect to
payment of benefits. A copy of the notice has been provided to both
Houses of Congress and OMB. The matching program is subject to their
review.
Participating Agencies
This computer match is between the Department of Veterans Affairs
(VA) and the Department of Defense (DoD).
Authority for Conducting the Matching Program
The authority to conduct this match is the Privacy Act, 5 U.S.C.
552a, 38 U.S.C. 5106, and 38 U.S.C. 3684A(a)(1).
Purpose(s)
This agreement establishes the conditions under which the
Department of Defense (DoD) agrees to disclose information regarding
eligibility to education benefits under the Montgomery GI Bill,
Montgomery GI Bill--Selected Reserve and the Post-9/11 GI Bill to the
Department of Veterans Affairs (VA). The purpose of this computer
matching program between VA and DoD is to verify that individuals meet
the conditions of military service and eligibility criteria for payment
of benefits determined by VA under three enacted programs.
Categories of Individuals
Veterans, Servicemembers, Reservists and Dependents.
Categories of Records
Department of Defense (DoD), as the source agency, will provide to
VA the eligibility records on DoD individuals consisting of data
elements which contains specific data relating to the requirements for
eligibility including data on member contribution amounts, service
periods, and transfer of entitlement. VA will match on attributes,
including Social Security Number (SSN), DoD Electronic Data Interchange
Personal Identifier (EDIPI--or VA_ID), Date-of-Birth, Last Name, and
File Identification Number.
System(s) of Records
These benefit records are contained in a VA system of records
identified as 58VA21/22/28 entitled: Compensation, Pension, Education,
and Vocational Rehabilitation and Employment Records--VA, first
published in the Federal Register at 41 FR 9294 (March 3, 1976), and
last amended at 84 FR 4138 (Feb. 14, 2019) and DoD updated their
Defense Enrollment Eligibility Reporting Systems (DEERS) in the Federal
Register at 84 FR 55293 on October 16, 2019 and corrected at 84 FR
65975 on December 2, 2019) with other amendments as cited therein.
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Joseph S.
Stenaka, Executive Director for Information Security Operations and
Chief Privacy Officer, approved this document on October 2, 2020 for
publication.
Dated: October 21, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
[FR Doc. 2020-23665 Filed 10-23-20; 8:45 am]
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